LAWS OF 



The State of South Carolina 



PERTAINING TO 

Migratory and Shell Fish 
Shad, Sturgeon, Oysters 
Clams and Terrapin....... 






I 



1917 

Offices of Board of Fisheries 
Georgetown, S. C. 



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STATE OF SOUTH CAROLINA, 
EXECUTIVE DEPARTMENT. 

By the 'Secretary of State. 

This is to certify the foregoing and hereto 
attached copy of an Act to provide for the appoint- 
ment of a State Board of Fisheries, define their 
Duties, to regulate the catching and shipping of 
shell fish, shad, etc., and to provide for a tax on the 
same, to be a true and correct copy as taken from 
and compared with the original now on file in this 
office; 

Given under my hand and the Seal 
of the State, at Columbia, this the 
(SEAL) third day of March A. D. 1917. 

W. BANKS DOVE, 

Secretary of State. 



AN ACT 



To Provide for the Appointment of a State Board of 
Fisheries, Define Their Duties, to Regulate the 
Catching and Shipping of Shell Fish, Shad, etc., 
and to Provide for a Tax on Same. 



Section 1. All Beds of Rivers State Property — 
Oyster Beds Not to be Granted. 

Be it enacted by the General Assembly of the State of 
South Carolina: From and after March 1, 1917, all the beds 
of the bays, rivers, creeks and shores of the sea within the 
jurisdiction of this State, and not conveyed by special grant 
or compact according to law, shall continue and remain the 
property of the State of South Carolina, and may be used 
as a common by all the people of the State for the purpose of 
fishing and fowling, and taking and catching oysters and 
other shellfish, terrapin, shad, sturgeon and other fish, 
subject to the provisions of this Article, and any future laws 
that may be passed by the General Assembly: and no grant 
shall hereafter be issued by the sinking Fund Commission 
to pass any estate, title or interest of the State in or to any 
natural oyster bed, rock or shoal, whether the said bed, 
rock or shoal shall be bare or not. 

Section 2. Governor to Appoint Board of 
Fisheries 

It shall be the duty of the Governor to appoint three 
(3) persons, who shall constitute and be known as the 
Board of Fisheries of South Carolina, whose terms of office 
shall be two (2) years. One of these appointees, who shall be 



the Chairman, shall be versed in and have practical know- 
ledge of the oyster and fish industry and shall be from the 
tide- water section of the State. The Governor shall appoint 
the other two members of this Board from different sections 
of the State: Provided, that no member of the Board of 
Fisheries, nor any of the Inspectors shall be engaged in the 
business for market or profit in the shell fish, terrapin or 
fish industries either directly or indirectly. 

Section 3. Oath of Office— Bond. 

All members of said Board shall file the oath of office 
with the Secretary of State, who shall thereupon issue to 
each of them a commission designating each of them as a 
member of the Board of Fisheries of South Carolina, and also 
designating the Chairman; each commission to have the sig- 
nature of tne Governor, to be countersigned by the Secretary 
of State, and bear the seal of the State. The Chairman of the 
said board shall enter into bond in the penalty of two thou- 
sand ($2,000) dollars with sufficient security,to be approved 
by the Governor, payable and conditioned as required by 
Section 658. 

Section 4. To Establish an Office. 

It shall be the duty of the said Board to establish an of- 
fice or offices in some convenient place in the tide-water sec- 
tion of the State, and stated meetings shall be held by the said 
Board as often as may seem advisable and necessary, under 
the restriction imposed in Section 7. 

Section 5. Duties of Board. 

It shall be the duty of the said Board to see that all laws 
relating to oystering, planting and cultivation of oysters and 
clams in the waters of the State, and all laws relating to the 
catching and propagation of migratory and shell fish, in 
the waters of this state are faithfully observed, and that 
all persons engaged in the fish and oyster industry are fully 
protected in all their respective rights. 

The Board of Fisheries shall have authority, if it be 
practicable, to use a part of their appropriation, not to ex- 
ceed the sum of one hundred ($100.00) dollars for the pur- 
pose of planting oysters upon suitable bottoms, in the public 
waters of the State, and the results shall be carefully ob- 
served and reported by them, and any profits which may 
be derived from such planted beds shall be paid into the 
State treasury and credited to the account of the Board of 
Fisheries. 



Section 6. Authority of Board. 

The Board shall have authority to adopt rules and 
regulations for policeing the waters of the State. The Board 
shall take cognizance of communications made to them 
by Inspectors or other officials relating to violations 
or evasions of the laws of the State affecting said industries; 
taking such action as may be necessary to correct the same 
under existing laws and to do any and all things which, in 
their judgement, may seem right and proper to protect the 
oyster and fish industries and all persons and property law- 
fully engaged therein. They may employ such surveyors 
as from time to time may be necessary. 

Section 7. Salary of Chairman and Compensation 
of Members. 

The salary of the chairman of said Board is hereby 
fixed at eighteen hundred ($1,800.00) dollars peryear.and he 
shall be required to devote his whole time and attention to 
the duties of said office. The remaining members of the 
Board shall receive a per diem of four ($4.00), dollars and 
actual expenses, provided they shall not receive compensa- 
tion for more than thirty (30) days in any one year. The Gov- 
ernor shall have the power to remove any and all of them for 
neglect of duty, misfeasance or malfeance in office and to fill 
any vacancy or vacancies which may occur at any time in 
the Board. 

Section 8. Duty of The Chairman. 

It shall be the duty of the Chairman of said Board to 
preside at all meetings of the Board, to call special meetings 
as may appear proper and advisable, and to maintain a con- 
stant supervision of the general industries and the public 
domain underthe care of the Board; to keep all accounts and 
records of the Board, and to make all reports and returns 
of the Board to the Comptroller General. 

Section 9. Records— Annual Report -Recom- 
mendations. 

All records or accounts in the office or offices of the said 
Board shall be open at all times to the examination of the 
Governor and Comptroller-General or their accredited 
agents. It shall be the duty of this Board to make an an- 



nual report to the Governor; and to report to the General 
Assembly whenever that body convenes in regular session 
in which shall be plainly set forth the amounts of revenue 
derived from the several industries embraced within their 
supervision, and the expenses incurred in the enforcement 
of this Article and Sections $0 to 44, both inclusive, of the 
Criminal Code, and they shall recommend such legislation 
as in their judgment and experience, may be deemed 
advisable, in the interest of those industries and the reve- 
nues of the State to be derived therefrom. 

Section 10. Inspectors to be Appointed by 

Board of Fisheries— Compensation— Bond 

of Inspectors 

There shall be four (4) Inspectors to carry into effect 
and enforce the provisions of this law. The Inspectors shall 
be appointed by the B^ard of Fisheries, and shall have been 
residents for at least two years in the Counties within the 
boundaries of which their duties are to be performed, and 
shall receive salaries as follows: The Inspector of the First 
Division shall receive a salary not exceeding seventy-five 
($75.00) dollars per month, and the Inspectors of the other 
three divisions shall each receive asalary not exceeding sixty 
($60) dollars per month, in the discretion of the Beard of 
Fisheries. The term of office of said Inspector shall be at 
the discretion of the Board, who shall have the power to re- 
move any Inspector at any time, and the Inspectors shall not 
be paid for any longer time than he serves. Every Inspector 
shall, before the Clerk of Court of the district in which he 
resides, take the oath and give bonds prescribed by Section 
658. The bonds shall be in the penalty of five hundred 
($500.00) dollars, and conditioned for the faithful perfor- 
mance of their duties. The Clerk of Court shall transmit a 
copy of the bond to the Chairman of the Board of Fisheries 
within thirty (30) days after its execution. 

Section 11. Duties of the Board. 

If shall be the duty of the Board of Fisheries to en- 
force all laws of the State pertaining to the collection of 
taxes, fines, rents and other revenues due to the State 
which are now, or may hereafter be lawfully laid, assessed 
or fixed on or pertaining to migratory fish, oysters, clams, 
sturgeon and terrapin, and they shall direct and require the 
Patrolmsn-Inspectors to carefully observe and report to the 
Board all violations in this respect and to also require each 



Inspector during the first ten (10) days of each month, to 
make and render to the Hoard a complete report of all col- 
lections during the proceeding month in their respective dis- 
tricts from any source under bis supervision, giving in tab- 
ulated form and detail, from whom said collections were 
made, as well as the proper classification of said collections 
ami whether Prom taxes, fines, rents or other sources, copies 
of which shall at the same time be sent by the said Inspectors 
to the County Treasurer of the County in which said collec- 
tions are made, and upon failure to make the said reports, 
as above requred, the Inspector so failing shall forfeit to 

the Hoard o\ Fisheries, unless excused \'o^ reasonable cause 
by the Board, One month's salary, which shall become a part 
of the genera] funds of the Board of Fisheries. 

Section 12. Duty and Power of County 
Treasurer. 

The County Treasurer shall collect all fines, taxes and 
all sums due as rent upon grounds leased for the propaga- 
tion of fish, terrapin and shell fish imposed by this Article 

and when the lessee remains in default in the payment of 
the annual rent for such planting grounds or any part 
thereof, for thirty (30) days, the lease shall automatically be- 
come null ami void: Provided, That the lease may be rein- 
stated with all the force and effect as in the first instance 

upon the application of the former lessee, if made to the 

Board within thirty (30) days from the time the lease became 

null and void, ami upon payment of such costs ami expenses 
as may be imposed by the Board in connection with the 
same. 

Section 13. Blanks for Reports. 

The Comptroller General shall provide the Board with 
necessary blank forms for the use of the Board and for the 

Inspector's reports as may be required in execution of 
their duties. 

Section 14. Operation and Custody of Launches 

The Inspectors shall have charge of the l aunches and 

Vessels used by the said Hoard for the protection and tie 

guarding of the shell fish, terrapin and fish, industries of the 
State, and to enforce the said laws, thereof. Each Inspec- 
tor may employ, by the month, one helper fov each launch 
or vessel, subject however, to the approval of the Board 
The pay of the helpers shall be fixed by the Hoard and shall 



not exceed twenty ($20.00) dollars per month, and the Inspec- 
tors on each launch or vessel shall forward to the Board 
during the first six (6) days of each month a report of the 
services of his launch or vessel for the preceding month 
and also a tabulated statement in detail of expenses incur- 
red during the month, and such statement shall embrace 
first, the payment of the helper, giving his name: repairs, 
fuel and other incidental expenses of such launch or vessel, 
and any failure to furnish such report shall subject the de- 
linquent Inspector to suspension and forfeiture of pay, or 
absolute removal, at the discretion of the Board. 

Section 15. Repairs and Maintenance of Launches 
— Purchase of Launches. 

The Board shall have authority to provide for repairs 
to be made to launches and vessels, machinery and furml ui e 
as may be neccessary to keep them in serviceable condition, 
and it shall be its duty to see that the launches and vessels 
and their appurtenances are at all times kept clean and 
otherwise in good, serviceable condition, and the Board 
shall have authority to sell or exchange any launch or vessel 
belonging to said police fleet, and if sold, to reinvest the 
proceeds of such sale or make further exchanges, as may 
appear to them to be necessary and best for the interest 
oi the State; Provided, that no additional expense shall be 
incurred to the State by reason of such sale, exchange or 
reinvestment without authority of the General Assembly. 
The board shall have authority to maintain four (4j launches. 

Section 16. Duty of Persons Desiring to Plant 
Oysters-Rent. 

It shall be the duty of any person desiring to obtain 

a location for the planting or propagating shell fish, terrapin 
or fish in any portion of the water front, beds, bottoms, or 
marshes below highwater mark, the property of the State, 
not naturally producing oysters or clams in sufficient quan- 
tity to warrant catching them for the market, or which by 
reason of the small quantity of oysters thereon shall not, in 
the judgment of the Board, be considered natural oyster 
beds within the meaning of the law, apply to the Board of 
Fisheries and have its location ascertained and designated 
and surveyed, and the same shall be marked with suitable 
stakes, smooth and free from snags and spurs, or by other 
metes and bounds, courses and distances, having their 



places or beginning and ending designated by permanent 
objects on the shores, agreed upon by the applicant and 
Inspector, and he shall pay the Inspector for his services a 
fee of one ($1.00) dollar and he shall also pay to the County 
Treasurer rent for the lands assigned to him, at the rate of 
twenty-five (25) cents per acre for the first five (5) years, 
and after five (5) years, at the rate of fifty (50) cents per 
acre for each and every year of his rental, to be payable on 
the first day of September of each year, and so long as he 
continues to pay such rent he shall have exclusive right to 
occupy such land for a period of fifteen (15) years, subject to 
such rights, if any, as any other person or persons may 
have previouly acquired, and shall have a prior right to re- 
new such lease at such rate per acre as in the judgment 
of the Board may seem just and proper. The first year's 
rent to be a pro-rata of the yearly rate, based on the time 
elapsed from execution of the lease to the first day of Sep- 
tember next following. In case of two or more applicants 
for the same bottom, preference shall be given to the owner 
or owners of the adjacent lands. In case no such owner or 
owners apply, then preference shall be given in order of 
application. The lessee shall be required to deposit, under 
the supervision of the Inspector of his district, within such 
time as may be designated by the Board in the lease, shells 
or oysters to the amount of not less than ten 10 nor more 
than one thousand 1,000 bushels per acre for the entire area 
leased, the amount to be fixed by the Board. The lessee 
shall be required to prove compliance to the satisfaction of 
the Board of Fisheries, and in default of such proof, the 
lease shall be annulled. If any portion of said waterfronts, 
beds, bottoms or marshes be occupied with oysters, or clams 
actually planted thereon or held by any person or persons, 
under proper assignment, the occupant shall have the prior 
right against all others to have the land so occupied by him 
assigned to him by the Inspector; Provided, the said occu- 
pant shall have the land so assigned to him ascertained and 
designated, and surveyed and rents paid within thirty (30) 
days from the time the Inspector is called to locate the 
same. 

Section 17. Disposition of Moneys and Fines 
Collected. 

All licenses, fees, rentals and penalties and all moneys 
whatsoever collected under the supervision of this chapter 
shall be paid into the State Treasury by the officers herein 
charged with the duties of collecting the same: Provided, 



that one-half of all penalties collected for violating the pro- 
visions of said section shall be paid to the informer. These 
moneys shall be entered by the State Treasurer on the ac- 
count of the Board of Fisheries, together with all sums ex- 
pended under the provisions of this Act. If, at the end of 
any fiscal year, there be a balance to the credit of the ac- 
count, the State Treasurer shall place one-half of the bal- 
ance into the general fund of the State, and shall remit the 
other one-half to the Treasurers of the counties in which 
said licenses, rentals, penalties, etc., shall have been collec- 
ted, to be credited to the general funds of said counties in 
the proportion in which each county has contributed to 
said fund. 

Section 18. Leases and Lands. 

Not over five hundred (500) acres shall be rented to 
any one individual or corporation. Leases shall be granted 
only for reasonable contiguous and compact areas, subject 
to the discretion of the Board of Fisheries. All applications 
for leases shall be made to the said Board in writing, and 
advertised in one or more papers at the cost of the appli- 
cant, and published for three (3) consecutive weeks in the 
county in which the lands applied for are located. The Board 
of Fisheries is authorized to lease any of the marsh lands of 
the State for the purpose of the erection of wharves and 
depositories of shells to those who establish, or intend to 
establish, oyster canneries. These leases to be granted in 
the discretion of the Board of Fisheries, and run for a 
term not exceeding fifteen (15) years, with privilege of re- 
newal: Provided, said marsh lands so leased shall be used 
for purposes leased within two (2) years from date of said 
lease. 

Section 19. Doty of Those Occupying Oyster Beds 
— Survey 

Any person, firm or corporation who is now occupy- 
ing oyster planting grounds, or is desirious of occupying 
any oyster planting ground, shall notify the Inspector of 
his desire to continue to occupy, or his desire to occupy 
certain oyster planting grounds, and the Inspector shall 
notify the surveyor, employed by the applicant or applicants 
who shall survey the said grounds and make a plat of same, 
the surveyor to receive for surveying and making plat fifty 
(50) cents per acre, or portion thereof' for five (5) acres, or 
less, twenty-five (25) cents per acre; for more than five (5) 
acres and up to thirty (30) acres, fifteen (15) cents for each 



acre, more than thirty (30) acres and up to fifty (50) acres, 
and ten (10) cents per acre, for all over(50j acres, the cost of 
surveying and plat to be paid by the renter. This survey 
and plat to remain good so long as the rent is annually paid, 
and the ground is occupied by the party paying for the sur- 
vey and plat under the conditions of Section 16. This said 
survey and plat shall indicate the metes and bounds,courses 
and distances having their beginning and ending by fixed and 
permanent objects on the shore as accurately as may be, and 
the same, as soon as possible after completion, shall be filed 
by the Inspector in the office of Clerk of Court of his 
county, there to be forthwith recorded in a well bound and 
substantial book, and indexed in the name of the assignee, 
and thereupon at once a written memorandum thereof shall 
be filed with the Clerk of Court. The Clerk of Court shall 
receive the said survey and plat and record same, and shall 
be paid by the assignee for his services the same fees he 
now receives for recording deeds and plats. After the same 
is recorded the assignee shall be entitled to withdraw the 
original from the Clerk's office. Each county shall furnish 
the Clerk with the necessary books for recording same. The 
fees due the Clerk of Court for the recordation and filing of 
said surveys and plat shall be collected as other fees due 
the Clerk. The Inspector shall furnish copies of said sur- 
veys, plats and memorandum to the Board of Fisheries. 

Section 20. Oysters, etc., to be Deemed Goods 
and Chattels. 

Oysters or clams imbedded or planted, oysters or clams 
deposited by any person making up a cargo for market and 
shells planted for the formation of oyster or clam beds, shall 
be deemed goods and chattels of which larceny may be com- 
mitted, although there be no interval between the severing 
and the taking away. 

Section 21. Canning Fadories to Keep Books 
to be Open for Inspection. 

All managers, persons in charge of canning factories 
shall be requred, under a penalty of not less than one hun- 
dred ($100.00) dollars, to keep a book in which shall be enter- 
ed the names of each person from whom they shall pur- 
chase oysters, together with the date of purchase and 
quantity purchased, the name, color and approximate tun- 
nage of tas bDat in which the oysters were brought to the 

10 



factory, the quantity of oysters canned each day, and the 
quantity of oysters packed for shipment each day, the date 
and amount of each shipment of canned oysters, together 
with a copy of the bill of lading of said shipment, and to 
make an itemized written report to the Board of Fisheries 
not later than the fourth day of each month, said book to be 
open at all times to the inspection of the Board of Fisheries 
or its Agents or the Comptroller General, or his agents, and 
shall within the first five (5) days after the first day of May in 
each year make a report to the Board of Fisheries of the 
number of canned oysters, stamps of each kind and denomi- 
nation of hand on the first day of May. All who catch or 
buy terrapin or clams for the purpose of sale or export 
shall be required to keep a book, in which shall be entered 
the date of each purchase of terrapin or clams, together 
with the number of terrapin and the true name and address 
of the person or persons from whom the terrapin are pur- 
chased, the date of each shipment, together with the num- 
ber shipped and the way bill covering each shipment, and 
to make itemized written reports to the Board not later than 
the fourth day of each month, said book to be open at all 
times to the inspection of the Board of Fisheries, or its 
agents, and the Comptroller General, or his agents. All 
persons engaged in shipping or sale of shad, raw shucked 
oysters or clams, shall be required to keep a book, in which 
shall be entered the date and the quantity of each shipment 
or sale, tegether with a certified copy of the bill of lading 
covering said shipment, and to make itemized written re- 
ports to the Board not later than the fourth day of each 
month, said book to be open at all times for the inspection 
of the Board of Fisheries or its agents, and the Comptroller 
General or his agents. All common carriers and their 
agents are hereby required to keep a full and correct record 
of each shipment of clams, oysters, terrapin or shad, and 
said record shall be open at all times for the inspection of 
the persons charged with the enforcement of this Article. 

Section 22. Tax Upon all Shell Fish, Shad, etc — 
Canned Goods— Labeling 

For the support of the Board of Fisheries and to de- 
fray the expenses of this article, for the improvement of 
the natural beds, for the protection of the private beds, an 
impost tax shall be placed upon all oysters, clams and ter- 
rapin, and the tax shall be at the rate of one, (1) cent upon 
each sixty, (60) ounces of canned oysters, two, (2) cents upon 
each gallon of raw shucked oysters gathered in this State; 
ten, (10) cents upon each bushel of clams in the shell; 
five, (5) cents upon each terrapin. Each package containing 
oysters canned in this State, or raw shucked oysters gath- 

11 



ered in this State, clams gathered in this State, or ter- 
rapin offered for sale or transportation, shall be stamped 
by the mannfacturer by the number of ounces, or quan- 
tity of oysters and number of terrapin, and the number 
of bushels of clams contained therein, and the number of 
ounces and fraction of ounces of oysters contained in each 
can shall be plainly stamped in the metal cap of each can of 
oysters canned within the State from and after the passage 
of this Act. It shall be the duty of the County Treasurer to 
furnish said stamps in any and such denominations as they 
may decide will be the best to meet the requirements of the 
shippers or dealers, and to sell said stamps direct to the 
persons using the same. The County Treasurer of each 
county in which any impost tax stamps are sold, or taxes 
collected under this article, shall keep a book, in which 
shall be entered all impost tax stamps received by him, 
showing the kind, denomination, quantity and serial num- 
ber of all stamps received and each sale of such stamps 
made by him, the name of the purchaser, the date of such 
purchase, kind, denomination and quantity sold; and shall, 
within the first five (5) days of each month forward to the 
Chairman of the Board of Fisheries a statement showing the 
quantity of each kind and denomination sold, the dates of 
sales, and the names of the purchasers, and as renumeration 
of the services required of them by the provisions of this 
chapter, the County Treasurers of Beaufort, Colleton, Char- 
leston, Georgetown and Horry Counties shall each be paid 
by the State Treasurer,upon the warrant of the Comptroller 
General, each year, from the moneys collected and paid into 
the State Treasury by him, under the provisions of this 
chapter, three (3) per cent, of the amount so collected by 
him during the year. The County Treasurer of each county 
in which any impost tax stamps are sold shall, in January, 
April, July and October of each year, and on or before the 
fifth day of said months, forward to the Chairman of the 
Board of Fisheries a statement of all such stamps in his 
hands, showing the kind, denominations, quantity and serial 
numbers of the same. 

Section 23. License to Pen or Export Terrapin. 

Each and every person, firm or corporation engaged 
in the penning or exporting from this State of terrapin, 
shall apply to the Board of Fisheries for a license for the 
same, and the said Board shall, upOn the payment of twenty- 
five (25) dollars by the said person or persons, firm or cor- 
poration, issued to such person or persons, firm corpor- 
ation a license to pen in this State and export from the 
State, terrapin for one (1) year, subject, however, to the 

12 



provisions of Section 17 and Section 38 of the Criminal Code, 
All persons, firms or corporations, other than common car- 
riers, who, for themselves or others, hold terrapin in con- 
finement for the purpose of sale or delivery, shall be deem- 
ed and considered as being engaged in the business of pen- 
ning terrapin within the meaning of this article, and when- 
ever any one person, firm or corporation shall maintain a 
a pen in more than one place, the payment of a separate 
license of twenty-five ($25) dollars for each pen, where 
such business is conducted, is hereby required: Provided, 
that nothing herein contained shall be construed so as to re- 
quire any such person or persons, firm or corporation to 
take out any license for any employee or employees engaged 
by such person or persons, firm or corporation, respectively, 
for catching or gathering terrapin. Any person or persons, 
firm or corporation buying or receiving terrapin for the 
purpose of re-selling or using them in any way for commer- 
cial purposes, shall be subject to the same license of twenty- 
five ($25) dollars as herein required for penning; and all 
terrapin penned in this State shall be subject to a tax of five 
(5) cents each, whether the same shall have been gathered, 
caught or bought within the State or not. 

Section 24. Shad. 

It shall be unlawful to catch, buy, sell or ship shad 
between the twenty-fifth day of March and the thirty-first 
day of December in any year, within thirty (30) miles of the 
mouth of any river emptying into any gulf, bay or ocean, 
and above said limits to the source of any river between the 
fifteenth day of May and the thirty -first day of December of 
any year. An impost tax of three and one-half (3 1-2) cents 
shall be put upon each shad offered for sale or shipped from 
any point within this State to another point within this 
State, or without the State: Provided, Shad caught in the 
State for personal use only, shall be exempt from this tax. 
No net shall be used under five and one-half (5 1-2) inches 
mesh, and no net shall be stretched more than one-half way 
across any navigable stream, nor within two hundred (200) 
yards of each other; and no nets of any kind shall be allowed 
below a line where Mosquito Creek empties into Winyah 
Bay, across said bay in an easterly direction to the opposite 
shore of said bay, nor shall any device, net or seine for the 
stoppage or collection of fish be set or used in any manner 
whatsoever within one mile of the mouth of the Waccamaw, 
Great Pee Dee and Bull Creek Rivers. 

13 



Sedion 25. Open Season for Catchiag and Ship- 
ping Sturgeon. 

That there be an open and closed season for the 
catching and shipping- of sturgeon and caviar as follows: The 
open season shall be from April thirtieth to August first in 
each year, and no person or persons shall fish for, catch or 
have in his or their possession any sturgeon between the 
first day of and thirtieth day of April, both dates inclusive. 
Each person, firm or corporation fishing for sturgeon shall 
make a sworn report to the Inspector on or by the first day 
of May of the number of nets he, she or they have or will 
use during the season, and they shall make a written report 
to the Chairman of the Board of Fisheries within five (5) 
days after the close of the season of the number of sturgeon 
caught by such person, firm or corporation, and the num- 
ber of pounds of caviar shipped. 

Section 26. Sturgeon Nets Shall Have Licenses 
Attached. 

No sturgeon net shall be used without having, a 
license attached to the same when in use, in such manner 
that it shall be on top of or above the water in plain sight at 
all times. No nets shall be used less than nine (9) inches 
mesh. There shall be a license for the catching, buying and 
shipping of sturgeon or caviar as follows: Each sturgeon 
net license fifteen ($15.00) dollars; each person or firm ship- 
ping caviar or sturgeon seventy-five ($75.00) dollars; nun- 
residents fishing for sturgeon, ten ($10.00) dollars, non-resi- 
dents buying or shipping sturgeon or caviar, five hundred 
($500.00) dollars; non-residents using personal nets or 
boats, two hundred ($200.00) dollars. A license issued pur- 
suant to these rules is not transferable, and if a licensed 
net be used by any other person than the licensee, or per- 
son in his employ or under his immediate supervision, it 
shall be deemed forfeited and revoked. '1 he owner of each 
non-resident license must exhibit the same when requested 
by each Inspector or member of the Board of Fisheries. 
Applicants for license shall apply to the County Treasurer, 
license blanks, tags, etc., to be furnished to the Treasurer 
by the Board of Fisheries. The Board of Fisheries may re- 
voke any license granted hereunder at any time for any 
reason, which to the Board, may seem sufficient. 

Section 27. Closed Season for Migratory Fish. 

That it shall be the duty of the Board of Fisheries 
14 



herein provided for to enforce all existing laws in regard 
and relating to the open and close seasons in reference 
to migratory fish. 

Section 28. Annual Appropriation. 

To meet the necessary expenses of this Board, there 
shall be appropriated annually the sum of seventy-two 
hundred ($7,200) dollars, or so much thereof as may be 
necessary, which shall include the salaries as provided in 
this article. 

Section 29. Construction of Article With Penel 
Code. 

Sections 30 to 34 of the Criminal Code, both inclusive, 
shall be construed in connection with, and as a part, of this 
Article. 

Section 30. Board of Fisheries. 

The regulation of catching, gathering, selling, export- 
ing or canning oysters, terrapin, clams, shad and sturgeon 
is under the supervision of the Board of Fisheries mention- 
ed in Section 12 of the Civil Code. 

Section 31. Craft Used in Violating Law to be 
Condemned. 

Any vessel, boat or other craft, tackle, appearal, 
anchors, cables, sails, appurtenances, and any dredge, 
scrape or other instruments used in the violation of this 
chapter shall together, with the cargo of such vessel, craft 
or boat, be forfeited to the State, and upon being condemn- 
ed as forfeited in proceedings upon a hearing before the 
Board, the net amount realized from the condemnation 
proceedings shall be paid over by the order of the Board in- 
to the treasury of the State. The persons charged with the 
enforcement of Sections 31 to 44, inclusive, shall have the 
right, without warrant, to arrest any person or persons who 
has, or have, in his, her or their possession any oysters, 
clams or terrapin or shad in violation of Section 30 to 44. in- 
clusive, and take such person or persons to the nearest 
Magistrate and swear out the proper arrest warrants. The 
unlawful possession of such oysters, clams or terrapin, or 
shad, shall be prima facie evidence of guilt, and if such 
person or persons is or are held for trial by the Magistrate 
conducting the preliminary examination, the said Magistrate 

15 



shall issue an order for the release of the terrapin, and the 
dumping of the oysters and clams. Any person or persons 
violating the provisions of this Section shall be fined not 
less than twenty-fine ($25.00) dollars nor more than one 
hundred ($100.00) dollars, or imprisonment for not less than 
twenty nor more than thirty days. The persons charged 
with the enforcement of Sections 31 to 44, inclusive, shall 
have authority to enter and search any vessel, car, vehicle 
or place suspected of containing any oysters, clams, terra- 
pin, shad or sturgeon, in violation of Sections 31 to 44, in- 
clusive, and shall be authorized to open and examine any 
package containing any article subject to taxation under the 
provisions of said Sections. 

Section 32. Unlawful for Non-residenis to Gather 
Oysters—Proviso. 

It shall be unlawful for any person to gather or catch 
clams, oysters, or terrapin from the public grounds of the 
State, who is not a bona fide resident of this State, and who 
has not continuously resided herein for two years: Provid- 
ed, however, That nothing contained in this section shall 
prohibit a non-resident who shall have leased any lands for 
the purpose of planting and cultivating shell fish, under the 
provisions of Sections 16, 17, 18, and 19 of the Civil Code, 
from gathering oystets from the natural beds of the State 
for the purpose of planting and cultivating them upon 
leased lands: Provided, however, That nothing in this Sec- 
tion shall prevent the gathering of oysters by non-residents, 
who are engaged in the business of operating oyster can- 
ning factories within this State or shucking raw oysters 
within this State, or who are employed by those who are 
engaged in the said business. Subject to the provisions of 
this Chapter, the employment of non-residents by citizens 
of this State lawfully engaged in any of the fishing indus- 
tries, shall be permitted, but no non-resident shall be al- 
lowed to gather or catch any shell fish, or other fish, from 
the public lands and waters of this State for market pur- 
poses, except as such employee. Any person or persons, 
firm or corporation violating the provisions of this Section 
shall be guilty of a misdemeanor, and, npon conviction, 
shaM be fin^d not less than fifty ($50) dollars nor more than 
one hundred ($100) dollars, or be imprisoned for a term of 
of not less than twenty nor more than thirty days. 

Secftion 33. Closed Season for Sale of Oysters. 

It shall be unlawful for any person or persons, firm or 
16 



corporation to remove, buy or sell any oysters from the 
natural reefs, bottoms, beds or marshes, the property of 
the State, between the first day of May and the first day of 
October, inclusive: Provided, That nothing in this Section 
shall be taken to forbid the removal of oysters, from the 
said natural reefs, beds, bottoms or marshes for the purpose 
of replanting said oysters. Possession of oysters during 
the term specified shall be prima facie evidence of infringe- 
ment of this provision, and that the onus of proof that such 
oysters coming from private beds, or from without the 
State, are to be used for planting purposes shall rest upon 
the accused. Any person or persons violating the provisions 
of this Section shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined not less than twenty-five ($25.00)' 
dollars nor more than one hundred ($100) dollars, or im- 
prisonment fDr not less than twenty (20) nor more than 
thirty (30) days. 

Section 34. Regulation of the Use of Scoops. 

It shall be unlawful for any person or persons to use 
scoops, scrapes or dredges for the purpose of taking or 
catching oysters from the public grounds in any bed, river, 
creek, strait, or any tributary of such in this State under 
twelve (12) feet in depth at low tide. Any person or per- 
sons violating the provisions of this Section shall be guilty 
of a misdemeanor, and, upon conviction, shall be fined 
not less than twenty-five ($25.00) dollars nor more than one- 
hundred ($100) dollars, or be imprisoned for not less than 
six months. 

Section 35. Unlawful to Carry Oysters Out of 
This State. 

It shall -be unlawful for any person or persons, firm 
or corporation to carry any oysters in the shell out of this 
State in any boat or vessel, or by other mode of transporta- 
tion; and all boats, all vessels, or other vehicles of transpor- 
tation found loaded with oysters in the shell for transpor- 
tation out of this State shall subject the owner, or person in 
charge thereof, to a fine of not less than one hundred, ($100) 
dollars nor more than five hundred, ($500) dollars, or to im- 
prisonment for not less than one, (1) month nor more than* 
twelve, (12) months: Provided, however, That oysters which 
have been cultivated from lands leased from the State may 
be exported in the shell from the State, provided they be 
shipped in barrels or other packages and that a tax of one 
and one-half (l%c) cents per bushel be paid for each bushel 
so exported, and that a stamp or stamps purchased from the 

17 



County Treasurer in payment of said tax be affixed to each 
package, certifying that the tax upon the same has been 
paid. Any person or persons, firm or corporation shipping 
or transporting such oysters without the aforesaid stamps 
attached to each package shall be punished as above pro- 
vided in this section, and all persons or corporations engag- 
ed in exporting such oysters shall be required to keep a 
book in which shall be entered the date and amount of each 
shipment, and shall make an itemized report thereof within 
the first four (4) days of each month to the Board of Fisher 
ies under penalty of a fine not exceeding one hundred ($100) 
dollars, or imprisonment not exceeding thirty (30) days. 

Section 36. What Oysters May be Removed. 

All oysters taken from the public grounds of this 
State, with whatsoever instruments or implements, shall be 
culled, and all oysters whose shell measures less than three 
inches from hinge to mouth, except what are attached to a 
larger oyster and cannot be removed without destroying the 
small oyster, and all shells taken without the said oysters 
shall be returned to the public grounds near and where 
taken; and no oyster shall be allowed by the Inspector to be 
marketed which shall consist of more than ten per cent, of 
such smaller oysters in shells. The manager or person in 
charge of each canning factory in this State shall each year 
distribute upon such lands or bottoms, between high and 
low watermark, as shall be designated by the Chairman of 
the Board of Fisheries or by an Inspector under his approv- 
al, and in such manner as said Chairman or Inspector shall 
require, a quantity of oyster shells which shall be equal to 
not less than three per cent., or more than thirty per cent, 
of the quantity of oysters in the shell purchased or re- 
ceived by such canning factory during the said year, 
the quantity of shells within the above limits required 
to be deposited and distributed by the manager or 
persons in charge of such canning factory, to be fixed 
by the Board of Fisheries, or by the Chairman of the 
said Board for each year, of which requirement they shall 
be duly notified and shall deposit said shells not later than 
the first day of June: Provided, That the grounds or bot- 
toms designated shall be within ten (10) miles of the can- 
ning factory from which the shells shall be required to be 
deposited and distributed upon them. Any person, or per- 
sons, firm or corporation violating the provisions of this 
section shall be guilty of a misdemeanor, and upon convic- 
tion thereof, shall pay a fine of not less than one hundred 
($100) dollars, or be imprisoned for a term of not less than 
one (1) month nor more than six (6) months. 

18 



Section 37. How Oysters Shall be Measured. 

All oysters sold in the shell in this State shall be 
measured in a circular tub with straight sides, straight solid 
bottom, holes in the bottom not more than one half inch in 
diameter. The said measure shall have the following di- 
mensions; A bushel, but shall measure eighteen (18) inches 
from inside across the bottom, and twenty-one (21) inches 
from bottom to top of chime. All measures used for buy- 
ing or selling oysters shall have a brand, to be adopted by 
the Board of Fisheries stamped thereon by said Board by its 
lawful Inspector. Any person violating this section shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall 
be fined not less than ten ($10) dollars nor more than fifty 
($50) dollars, or imprisoned for not more than thirty (30) 
days nor less than ten (10) days; and all measures found in 
possessions of any such person not meeting the require- 
ments of this section shall be destroyed by said Board or 
its lawful agents. 

Section 38. Transportation of Oysters Without 
Tax Tags. 

It shall be unlawful for any person or persons, firm 
or corporation, to sell or ship, and it shall be unlawful for 
any person or persons, firm or corporation to receive or 
transport said canned oysters, raw shucked oysters, terrapin 
or shad, except there be affixed to each package a stamp or 
stamps, furnished by the Board of Fisheries, certifying that 
the said impost tax upon canned oysters, terrapin, or shad 
contained therin has been paid. Any person or persons, 
firm or corporation violating the provisions of this section 
shall be guilty of a misdemeanor, and, upon conviction, 
shall be fined not more than one thousand ($1,000) dollars 
nor less than five hundred ($500) dollars, or to be imprison- 
ed for not more than twelve (12) months nor less than six 
(6) months. 

Section 39. Counterfeiting Stamp of Board. 

It shall be unlawful for any person or persons to coun- 
terfeit any stamp adopted by Board of Fisheries, or produce 
any similar design thereof, or to aid or assist in the uttering. 
Any person or persons, firm or corporation violating this 
section shall be guilty of a misdemeanor, and, upon con- 
viction thereof, shall pay a fine of not less than five hun- 
dred ($500) dollars nor more than one thousand ($1,000) dol- 
lars, or be imprisoned for not less than (6) months ncr 
more than (12) months. 

19 



Section 40. Reports Required. 

Any person or persons, firm or corporation failing or 
refusing to make the reports required by Section 21 of the 
Civil Code, or who shall make false entries in the books re- 
quired by said Section of the Civil Code, or who shall make 
false reports, shall be deemed guilty of a misdemeanor, and, 
upon conviction in any Court of competent jurisdiction, 
shall be fined not less than twenty-five ($25.00) dollars nor 
more than one hundred ($100) dollars, or imprisoned for 
not less than ten (10) days nor more than thirty (30) days. 

Section 41. Closed Season for Terrapin— Penalty 
for Having Terrapin in Closed Season. 

It shall be unlawful for any person or persons, firm or 
corporation to catch, purchase, trap, sell, except as herein- 
after provided, or to have in his possession terrapin be- 
tween the first day of April and the fifteenth day of July in 
each year. Any person or persons, firm or corporation 
having terrapin in his, her or its possession previous to the 
first day of April in any year desiring to carry them over 
and retain possession of the same until the succeeding fif- 
teenth day of September, shall within ten (10) days after 
the first day of April of each year make a report under 
oath, to the Board of Fisheries of the number of terrapin 
he, she, they or it has or have in his, her, their or its pos- 
session for that purpose on the first day of April of each 
year, said report to state the location of said terrapin and in 
what pen said terrapin are kept so that said Board may be 
able to find said terrapin or pens, and ascertain the correct- 
ness of the report. Any person or persons, firm or cor- 
poration violating the provisions of this section shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall 
be subject to a fine of not less than twenty-five ($25) dol- 
lars nor more than two hundred ($200) dollars, or imprison- 
ment for not less than thirty (30) days nor more than six (6) 
months. 

Section 42. Length of Terrapin that May be 
Kept. 

It shall be unlawful to catch, sell, hold in possession 
any terrapin less than five inches in length under the med- 
ial line of the bottom shell, or to use any seine of a smaller 
mesh than five and three-fourth (5 3-4) inches for the pur- 
pose of catching terrapin. The having of terrapin under 
five inches in length, or a pen for the penning of terrapin, 
where the owner or manager has not taken out license to 

20 



pen terrapin, as provided in Section 23 of the Civil Code, or 
of a terrapin seine of smaller mesh than five and three- 
fourths inches, whether the owner or manager of said boat 
has taken out a license to gather terrapin or not, shall be 
prima facie evidence of the violation of this Section, and the 
person charged with the enforcement, of this Section shall 
have the right to arrest such person or persons without 
first procuring a warrant and take such person or persons 
to the nearest Magistrate and there swear out the * proper 
arrest warrant. Any person or persons, firm or corpora- 
tion violating the provisions of this Section shall be punish- 
ed by a fine of not more than one hundred ($100) dollars 
nor less than twenty-five ($25.00) dollars, or be imprisoned 
for not more than thirty (30) days nor less than fifteen (15) 
days. 

Section 43. Penalty for Stealing Oysters From 
Oyster Beds. 

Any person or persons who shall unlawfully gather, 
remove, take or steal from any oyster bed, laying or fishery, 
any oysters or oyster brood there growing, lying or being, 
such oyster bed, laying or fishery being the property of 
another person or persons, or cultivated and used by the 
proprietor or proprietors thereof for the production, grow- 
ing and improvement of oysters, and being sufficiently 
marked out, shall be deemed and held guilty of larceny, and 
he, she or they, his, her or their aiders, helpers, abbetors 
or accessories, being therefor convicted by due ccurse of 
law, shall be punished as in case of larceny. 

Section 44. Penalty for Using Nets, Dredges, 
etc.— Not to Apply to Fishing 

If. any person or persons shall unlawfully and wilfully 
use any dredge or net, instrument or engine whatsoever, 
within the limits of any such oyster beds, laying or fishery, 
as aforesaid, for any purpose of taking oysters or oyster- 
brood, although none be actually taken, or shall have any 
net, instrument or engine drag upon the ground or soil of 
any snch oyster bed, laying or fishery, every person or per- 
sons so offending be held and deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be punished by 
a fine or imprisonment, or both, as the Court may award, 
such fine not to exceed one hundred ($100) dollars, and such 
imprisonment not to exceed six (6) months. Nothing con- 
tained in this section, or section 43 shall be so construed to 
prevent any person or persons from catching or fishing for 

21 



any swimming or floating fish with any net, instrument or 
engine adopted for taking swimming or floating fish. 

Section 45. Clams. 

That no clams to be taken from the public grounds of 
the State for a period of two (2) years; Provided, this ap- 
plies to clams taken for commercial purposes to be shipped 
without the county in which they are taken, and not the 
clams taken by any person or persons for their personal 
use or for sale and consumption in the county where taken. 
Any person or persons, firm or corporation violating the 
provisions of the above shall be punished by a fine of not 
more than one hundred ($100) dollars or less than twenty- 
five ($25), dollars or be imprisoned for not more than sixty 
(60) or less than fifteen (15) days. 

Section 46 

All Acts or parts of Acts inconsistent with this Act are 
hereby repealed. 

Section 47 

This Act shall take effect immediately upon its ap- 
proval by the Covernor. 

Approved the first day of March, A. D. 1917. 

RICHARD I. MANNING, 

Governor. 



22 



W*MS«« 



1 

i 



\£2 

m 



I 
i 



Board of Fisheries 
of South Carolina 

Dr. E. W. DuRant, Chairman 

Georgetown, S. C. 

Dr. A. H.Williams 

Lake City, S. C. 

Mr. Thos. HL Rainsf ord 

Edgefiield, S. C. 



Inspect 



ors 

Captain J. F, Bellune, Georgetown, S. C. 
Mr. T. H. J. Williams, Charleston, S. C 

Mr. H. M. Snyder, Beaufort, S.'C. 
Mr. P. M. Buckner, Cottagevilie, S. C. 



«8S!? 



LIBRARY OF CONGRESS 




